A limited child support agreement is an agreement between parents or carers about child support payments and how they are paid.
The agreement can include payment of cash or non-cash items, such as school fees and health insurance.
There must be a child support assessment in place before the agreement can be accepted. The payments set out in the agreement must be equal to, or more than, the annual rate set by the child support assessment. You aren’t required to get legal advice before making your agreement, but you can choose to do so.
We’ll make a notional assessment after we accept your agreement. The notional assessment is the child support that would apply if you didn’t have an agreement. It is used to assess the Family Tax Benefit (FTB) Part A you receive. Read more about notional assessments.
As a parent, you must:
- pay your child support in full and on time
- make sure care arrangements are in place for your children
- lodge your tax return on time
- report your income accurately, and
- tell us about any changes of circumstances
If you aren’t able to make a limited agreement with the other parent, you can seek legal advice with a view to making a binding child support agreement.
Ending a limited child support agreement
You or the other parent can end a limited child support agreement in some instances.
You or the other parent can end a limited agreement if:
- both of you agree in writing to end the agreement
- you make a new limited or binding agreement that reflects new arrangements
- it has been more than 3 years since the agreement was made, and a parent asks us in writing to end it, or
- the notional assessment varies by more than 15% from the previous assessment because of circumstances not included in the agreement, and a parent asks us in writing to end it
A court may also make an order that sets aside the agreement.